(a)

(1) An institution of higher education that wishes to establish a Building Better Futures High School Program on campus shall seek recognition as a comprehensive transition and postsecondary program by the United States Department of Education.

(2) Only approved institutions are eligible for funding for the Building Better Futures High School Program if funding is available.

(b)

(1) The Department of Higher Education shall provide information statewide, including to each high school in the state, on the options for postsecondary education for students with intellectual disabilities.

(2) Each public high school in Arkansas shall provide the information distributed by the Department of Higher Education to the parent or guardian of a student with an intellectual or developmental disability enrolled in the public high school.

(3) A public high school shall begin providing the information when transition services for a student are discussed at an annual review conference of the individualized education program committee meeting.

(c)

(1) Nothing in this subchapter relieves a school district from satisfying the requirements of a student's individualized education plan.

(2)

(A) The lack of an available Building Better Futures High School Program located within fifty (50) miles of a student's public high school or the failure of a Building Better Futures High School Program to admit a public school student is not a failure on the part of the public high school to provide a free and appropriate public school education under 34 C.F.R. § 300.507.

(B) A student who is dismissed from a Building Better Futures High School Program has no recourse against the student's public high school under 34 C.F.R. § 300.507.

(d) A public high school shall:

(1) Provide transportation for an admitted and eligible student to and from the closest approved Building Better Futures High School Program that is located no more than fifty (50) miles from the student's public high school; and

(2) Continue to provide activities of daily living skills to eligible students at the public high school campus in addition to other requirements of the student's individualized educational plan.

(e) Instructional and support staff for a student attending a Building Better Futures High School Program shall be provided by the institution providing the Building Better Futures High School Program while the student is on the campus of the institution.

(f)

(1) With regard to the Building Better Futures High School Program, an institution of higher education shall not charge tuition and fees at a higher rate for secondary school students than for other students from the community.

(2) The tuition and fees shall be charged to the student's public high school and be proportionate to the student's participation in the Building Better Futures High School Program established by the student's individualized education program.

(g) A variety of sources may be used to support the Building Better Futures High School Program, including the costs associated with tuition and support services.